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NY M84674

July 21, 2006

CLA-2-62:RR:NC:N3:360 M84674


TARIFF NO.: 6211.43.0091

Ms. Melissa Fox
Barthco International Inc.
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a woman’s upper body garment from Hong Kong

Dear Ms. Fox:

In your letter dated June 29, 2006. you requested a classification ruling on behalf of Ann Taylor, Inc. The submitted sample will be returned to you as requested.

Style 147886 is a woman’s garment composed of knit and woven components. The upper portion of the garment is constructed from 100 percent polyester woven fabric. The lower portion is constructed from 55 percent wool, 40 percent acrylic and 5 percent cashmere knit fabric. The garment features cap sleeves, a full front opening with a knit tie at the bottom and a ribbed knit bottom. The garment does not reach the waist.

Because this garment is made up of knit and woven fabrics it is considered a composite good with classification determined by the fabric that imparts the essential character. In this case neither the knit nor the woven component provides the essential character of the garment. Therefore, in accordance with General Rules of Interpretation, GRI 3(c), the garment shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. In this case, the heading is 6211, HTS.

The applicable subheading for style 147886 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: other. The duty rate will be 16 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 147886 falls within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at 646-733-3051.


Robert B. Swierupski

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